Sec. 16.1-9. Local erosion and sediment control program.
(a) The City of Lynchburg adopts the regulations promulgated by the Virginia Soil and Water Conservation Board pursuant to section 10.1-562 of the Code of Virginia for the effective control of soil erosion, sediment deposition and nonagricultural runoff to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. The Virginia Erosion and Control Regulations, The Virginia Erosion and Sediment Control Handbook, as amended, and the Lynchburg Erosion and Sediment Handbook, are adopted as the standards, reference and guidelines for the local program. The standards and amendments contained within these publications are to be used by the applicant when making a submittal under the provisions of this chapter and in the preparation of an erosion and sediment control plan. The plan approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. When the standards vary between the publications, the state regulations shall take precedence.
(b) Any erosion and sediment plan submitted for review must address stormwater management in accordance with the Lynchburg Stormwater Ordinance, Chapter 16.2.
(c) Violators of this chapter shall be deemed guilty of a class 1 misdemeanor for each violation. In addition to any criminal penalties provided under this chapter, any person who violates any provision of this chapter may be liable to the City of Lynchburg in a civil action for damages. The civil penalty for any one violation shall be not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00), except that the civil penalty for commencement of land disturbing activities without an approved plan as provided in Sec.16.1-10(a) shall be one thousand dollars ($1,000.00). Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of ten thousand dollars ($10,000.00) and a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of ten thousand dollars ($10,000.00). (Ord. No. O-93-039, 2-9-93; Ord. No. O-01-080, 4-24-01, eff. 5-1-01; Ord. No. O-09-121, 10-13-09)
Last updated date: 10/15/2009 9:02:30 AM